Air Plan Approval; Oregon; Removal of Obsolete Regulations, 63579-63581 [2018-26688]
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
with the mailing industry to determine
the percentage increase for Address
Quality threshold.
On September 21, 2018, the Postal
Service published a final rule, Federal
Register Notice (83 FR 47839) Changes
to Validations for IMpb to amend
mailing standards, to add new IMpb
compliance quality validations and
thresholds for Address Quality, Barcode
Quality, and (Shipping Services File)
Manifest Quality.
Additional time was needed to
discuss the validation requirements for
Address Quality before increasing the
AQ threshold. The Postal Service and
mailing industry have agreed on 90% as
the new AQ threshold. The new AQ
threshold is effective January 31, 2019,
and the assessment of the IMpb
Noncompliance Fee pursuant to this
new AQ threshold will begin on
February 1, 2019. Additionally, the
Address Quality (AQ) validation ‘‘valid
primary street number’’ will be removed
from the measurement.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
amended as follows:
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
■
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Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
*
*
*
204
Barcode Standards
*
*
*
*
*
2.0 Standards for Package and Extra
Service Barcodes
2.1
Intelligent Mail Package Barcode
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BILLING CODE 7710–12–P
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
*
[FR Doc. 2018–26665 Filed 12–10–18; 8:45 am]
Air Plan Approval; Oregon; Removal of
Obsolete Regulations
1. The authority citation for part 111
continues to read as follows:
Commercial Mail
Brittany M. Johnson,
Attorney, Federal Compliance.
[EPA–R10–OAR–2018–0022; FRL–9987–60–
Region 10]
■
*
[Add a new second sentence and revise
the last sentence in 2.1.8 to read as
follows:]
* * * Failure to meet any compliance
quality threshold in Exhibit 2.1.8 will
result in the assessment of the IMpb
Noncompliance Fee. For details, see
Publication 199: Intelligent Mail
Package Barcode (IMpb)
Implementation Guide for: Confirmation
Services and Electronic Verification
System (eVS) Mailers, available on
PostalPro at https://postalpro.usps.com.
EXHIBIT 2.1.8—IMPB COMPLIANCE
QUALITY THRESHOLDS
[Revise the ‘‘Compliance Threshold’’ for
the ‘‘Address Quality’’ line item to read
‘‘90’’; and ‘‘Validations’’ for the
‘‘Address Quality’’ to remove ‘‘valid
primary street number line.]
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
40 CFR Part 52
PART 111—[AMENDED]
200
Compliance Quality Thresholds
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 39 CFR Part 111
*
2.1.8
The Environmental Protection
Agency (EPA) is approving the removal
of outdated rules in the Code of Federal
Regulations (CFR) for the State of
Oregon because they are duplicative or
obsolete. Removal of such material from
the air program subparts is designed to
improve cost effectiveness and usability
of the CFR. The EPA is also approving
non-substantive revisions to reflect
updated citations and correcting a
typographical error. This final action
makes no substantive changes to the
Oregon State Implementation Plan and
imposes no new requirements.
DATES: This action is effective on
January 10, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0022. All
documents in the docket are listed on
the https://www.regulations.gov
SUMMARY:
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63579
website. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Christi Duboiski, EPA Region 10, at
(360) 753–9081, or duboiski.christi@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
I. Background
This action is being taken pursuant to
Executive Order 13563—Improving
Regulation and Regulatory Review. It is
intended to reduce the number of pages
in the Code of Federal Regulations
(CFR) by identifying those rules in 40
CFR part 52, subpart MM, for the State
of Oregon that are duplicative or
obsolete. This action removes historical
information and rules that no longer
have any use or legal effect because they
have been superseded by subsequently
approved state implementation plan
(SIP) revisions or they are no longer
necessary because the EPA previously
promulgated administrative rule actions
to replace these sections with summary
tables in 40 CFR 52.1970 (78 FR 74012,
December 10, 2013). On October 10,
2010, the EPA proposed to approve
these changes and received no
comments on our proposed rulemaking
(83 FR 50867).
II. Final Action
This final action is a ‘‘housekeeping’’
exercise that removes duplicative or
obsolete CFR provisions and corrects a
non-substantive typographical error.
The EPA is approving the removal of 40
CFR 52.1973, 40 CFR 52.1974
paragraphs (b) and (c), 40 CFR 52.1977,
and 40 CFR 52.1982; and approving the
amendment to 40 CFR 52.1974(a). The
EPA is removing the duplicative or
obsolete rules because they have been
revised or superseded by subsequently
approved SIP revisions. These actions
make no substantive changes to the SIP.
The changes will be accurately reflected
in 40 CFR part 52, subpart MM for the
State of Oregon.
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Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
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III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
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tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and it will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 11,
2019. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 19, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart MM—Oregon
§ 52.1973
[Removed and Reserved]
2. Section 52.1973 is removed and
reserved.
■ 3. Section 52.1974 is revised to read
as follows:
■
§ 52.1974
section.
Original identification of plan
(a) This section identified the original
‘‘State of Oregon Clean Air Act
Implementation Plan’’ and all revisions
submitted by Oregon that were federally
approved prior to July 1, 2013. The
information in this section is available
in the 40 CFR, part 52, Volume 4
(§ 52.1970 to End) edition revised as of
July 1, 2013.
(b)–(c) [Reserved]
§ § 52.1977 and 52.1982
Reserved]
[Removed and
4. Sections 52.1977 and 52.1982 are
removed and reserved.
■
5. In § 52.1988, paragraph (a) is
revised to read as follows:
■
§ 52.1988
permits.
Air contaminant discharge
(a) Except for compliance schedules
under OAR 340–200–0050, emission
limitations and other provisions
contained in Air Contaminant Discharge
Permits issued by the State in
accordance with the provisions of the
Federally-approved rules for Air
Contaminant Discharge Permits (OAR
chapter 340, Division 216), Plant Site
Emission Limit (OAR chapter 340,
Division 222), Alternative Emission
Controls (OAR 340–226–0400) and
Public Participation (OAR chapter 340,
Division 209), shall be applicable
requirements of the Federally-approved
Oregon SIP (in addition to any other
provisions) for the purposes of section
113 of the Clean Air Act and shall be
enforceable by EPA and by any person
in the same manner as other
requirements of the SIP. Plant site
emission limits and alternative emission
limits (bubbles) established in Federal
Operating Permits issued by the State in
accordance with the Federally-approved
rules for Plant Site Emission Limit (OAR
chapter 340, Division 222) and
Alternative Emission Controls (OAR
340–226–0400), shall be applicable
requirements of the Federally-approved
Oregon SIP (in addition to any other
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provisions) for the purposes of section
113 of the Clean Air Act and shall be
enforceable by EPA and by any person
in the same manner as other
requirements of the SIP.
*
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*
[FR Doc. 2018–26688 Filed 12–10–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 36
[WC Docket No. 14–130, CC Docket No. 80–
286; FCC 18–141]
Comprehensive Review of the Uniform
System of Accounts; Jurisdictional
Separations and Referral to the
Federal-State Joint Board
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission simplifies its jurisdictional
separations rules, applying the
separations processes previously
reserved for smaller carriers to all
carriers subject to those rules, and
harmonizing the jurisdictional
separations rules with the accounting
rules. With this action, the Commission
continues to modernize existing rules
and eliminate outdated compliance
requirements.
DATES: Effective date: January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Christopher Koves, Pricing Policy
Division, Wireline Competition Bureau
at 202–418–8209 or by email at
Christopher.Koves@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, WC Docket No. 14–130, CC
Docket No. 80–286; FCC 18–141,
adopted on October 16, 2018, and
released on October 17, 2018. A full-text
version of this document can be
obtained at the following internet
address: https://www.fcc.gov/document/
fcc-harmonizes-separations-rulesrevised-accounting-rules.
SUMMARY:
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Synopsis
I. Introduction
1. In this Report and Order (Order),
the Commission simplifies its part 36
jurisdictional separations rules to allow
all carriers to use the simpler
jurisdictional separations processes
previously reserved for smaller carriers.
In so doing, the Commission
harmonizes its part 36 rules with the
Commission’s previous amendments to
its part 32 accounting rules. The
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amendments the Commission adopts
today to its part 36 rules further its goal
of updating and modernizing its rules to
eliminate outdated compliance burdens
on carriers so that they can focus their
resources on building modern networks
that bring economic opportunity, job
creation, and civic engagement to all
Americans.
II. Background
2. Jurisdictional separations is the
third step in a four-step regulatory
process. First, a rate-of-return carrier
records its costs and revenues in various
accounts using the Uniform System of
Accounts (USOA) prescribed by the
Commission’s part 32 rules. Second, the
carrier divides the costs and revenues in
these accounts between regulated and
nonregulated activities in accordance
with part 64 of the Commission’s rules,
a step that helps ensure that the costs of
nonregulated activities will not be
recovered through regulated interstate
rates. Third, the carrier separates the
regulated costs and revenues between
the intrastate and interstate jurisdictions
using the part 36 rules. Finally, the
carrier apportions the interstate
regulated costs among the interexchange
services and rate elements that form the
cost basis for its exchange access tariff.
Carriers subject to rate-of-return
regulation perform this apportionment
in accordance with the Commission’s
part 69 rules.
3. Historically, the part 32 rules
divided incumbent local exchange
carriers (LECs) into two classes for
accounting purposes based on the
amounts of their annual regulated
revenues. Class A incumbent LECs were
the larger carriers, and Class B
incumbent LECs were the smaller
carriers (most recently those with less
than $157 million in annual regulated
revenues). The Commission’s former
part 32 rules required Class A carriers
to create and maintain a more granular
set of accounts than it required of the
smaller Class B carriers. In all but one
case, Class A carrier accounts could be
grouped into sets that were represented
by single Class B carrier accounts—that
is, such Class A accounts consolidated
into, or ‘‘rolled up’’ into, Class B
accounts.
4. In the Part 32 Reform Order, 82 FR
20833, May 4, 2017, the Commission
eliminated the historical distinction
between Class A and Class B incumbent
LECs in the part 32 rules. Now all
carriers subject to part 32 are required
to keep only the less onerous accounts
previously kept by Class B incumbent
LECs. Recognizing that the part 32
accounting reforms had implications for
the part 36 jurisdictional separations
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63581
rules, which distinguish between Class
A and Class B incumbent LECs, the
Commission referred to the FederalState Joint Board on Jurisdictional
Separations (Joint Board) consideration
of how and when the part 36 rules
should be modified to reflect the
reforms adopted in the Part 32 Reform
Order.
5. In October 2017, after seeking
public comment on how best to
harmonize the part 32 and part 36 rules,
the Joint Board released a
Recommended Decision. In its
Recommended Decision, the Joint Board
recommended changes to part 36
including deleting rules pertaining to
Class A accounts, deleting references to
Class A and B accounts, and allowing
former Class A carriers to select between
the former Class A and B procedures for
apportioning general support facilities
costs. The Joint Board also
recommended that the Commission
make certain stylistic and typographical
corrections to the part 36 rules. The
Joint Board recommended that the part
36 revisions it proposed be effective as
soon as practicable after January 1,
2018, the effective date of the Part 32
Reform Order.
6. In February 2018, the Commission
released the Separations Harmonization
NPRM, 83 FR 10817, March 13, 2018,
which proposed amendments to part 36
consistent with the Recommended
Decision. The Commission also sought
comment on the effective date for any
changes to part 36 to harmonize those
rules with part 32 reforms. USTelecom
filed the only comment on the merits,
and it supports the proposals in the
Separations Harmonization NPRM.
III. Discussion
7. In this Order, the Commission
harmonizes its part 36 jurisdictional
separations rules with the changes to
the part 32 accounting rules that the
Commission adopted in the Part 32
Reform Order. The Commission’s
amendments to part 36 implement the
Commission’s proposals in the
Separations Harmonization NPRM to
adopt, with minor exceptions, the Joint
Board’s recommendations and to amend
the part 36 rules consistent with those
recommendations. The Commission
agrees with USTelecom that these rule
changes do not risk undermining the
primary purpose of the part 36 rules,
which is to ‘‘prevent incumbent LECs
from recovering the same costs in the
interstate and intrastate jurisdictions,’’
and will instead ‘‘simplify the
accounting rules by removing
unnecessary burdensome regulations
that require carriers and ultimately
consumers to incur unnecessary costs.’’
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Agencies
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Rules and Regulations]
[Pages 63579-63581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26688]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0022; FRL-9987-60-Region 10]
Air Plan Approval; Oregon; Removal of Obsolete Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
removal of outdated rules in the Code of Federal Regulations (CFR) for
the State of Oregon because they are duplicative or obsolete. Removal
of such material from the air program subparts is designed to improve
cost effectiveness and usability of the CFR. The EPA is also approving
non-substantive revisions to reflect updated citations and correcting a
typographical error. This final action makes no substantive changes to
the Oregon State Implementation Plan and imposes no new requirements.
DATES: This action is effective on January 10, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0022. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Christi Duboiski, EPA Region 10, at
(360) 753-9081, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' is used, it is intended to refer to the EPA.
I. Background
This action is being taken pursuant to Executive Order 13563--
Improving Regulation and Regulatory Review. It is intended to reduce
the number of pages in the Code of Federal Regulations (CFR) by
identifying those rules in 40 CFR part 52, subpart MM, for the State of
Oregon that are duplicative or obsolete. This action removes historical
information and rules that no longer have any use or legal effect
because they have been superseded by subsequently approved state
implementation plan (SIP) revisions or they are no longer necessary
because the EPA previously promulgated administrative rule actions to
replace these sections with summary tables in 40 CFR 52.1970 (78 FR
74012, December 10, 2013). On October 10, 2010, the EPA proposed to
approve these changes and received no comments on our proposed
rulemaking (83 FR 50867).
II. Final Action
This final action is a ``housekeeping'' exercise that removes
duplicative or obsolete CFR provisions and corrects a non-substantive
typographical error. The EPA is approving the removal of 40 CFR
52.1973, 40 CFR 52.1974 paragraphs (b) and (c), 40 CFR 52.1977, and 40
CFR 52.1982; and approving the amendment to 40 CFR 52.1974(a). The EPA
is removing the duplicative or obsolete rules because they have been
revised or superseded by subsequently approved SIP revisions. These
actions make no substantive changes to the SIP. The changes will be
accurately reflected in 40 CFR part 52, subpart MM for the State of
Oregon.
[[Page 63580]]
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and it will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 11, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 19, 2018.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart MM--Oregon
Sec. 52.1973 [Removed and Reserved]
0
2. Section 52.1973 is removed and reserved.
0
3. Section 52.1974 is revised to read as follows:
Sec. 52.1974 Original identification of plan section.
(a) This section identified the original ``State of Oregon Clean
Air Act Implementation Plan'' and all revisions submitted by Oregon
that were federally approved prior to July 1, 2013. The information in
this section is available in the 40 CFR, part 52, Volume 4 (Sec.
52.1970 to End) edition revised as of July 1, 2013.
(b)-(c) [Reserved]
Sec. Sec. 52.1977 and 52.1982 [Removed and Reserved]
0
4. Sections 52.1977 and 52.1982 are removed and reserved.
0
5. In Sec. 52.1988, paragraph (a) is revised to read as follows:
Sec. 52.1988 Air contaminant discharge permits.
(a) Except for compliance schedules under OAR 340-200-0050,
emission limitations and other provisions contained in Air Contaminant
Discharge Permits issued by the State in accordance with the provisions
of the Federally-approved rules for Air Contaminant Discharge Permits
(OAR chapter 340, Division 216), Plant Site Emission Limit (OAR chapter
340, Division 222), Alternative Emission Controls (OAR 340-226-0400)
and Public Participation (OAR chapter 340, Division 209), shall be
applicable requirements of the Federally-approved Oregon SIP (in
addition to any other provisions) for the purposes of section 113 of
the Clean Air Act and shall be enforceable by EPA and by any person in
the same manner as other requirements of the SIP. Plant site emission
limits and alternative emission limits (bubbles) established in Federal
Operating Permits issued by the State in accordance with the Federally-
approved rules for Plant Site Emission Limit (OAR chapter 340, Division
222) and Alternative Emission Controls (OAR 340-226-0400), shall be
applicable requirements of the Federally-approved Oregon SIP (in
addition to any other
[[Page 63581]]
provisions) for the purposes of section 113 of the Clean Air Act and
shall be enforceable by EPA and by any person in the same manner as
other requirements of the SIP.
* * * * *
[FR Doc. 2018-26688 Filed 12-10-18; 8:45 am]
BILLING CODE 6560-50-P